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S5316 - Details

S5316 - Summary

Prohibits hiring discrimination by employers, employment agencies and licensing agencies based upon an individual's unemployment status.

S5316 - Sponsor Memo

BILL NUMBER:S5316
TITLE OF BILL:
An act
to amend the executive law, in relation to unlawful hiring discrimination
by employers, employment agencies and licensing agencies based upon an
individual's unemployment status
PURPOSE:
To make it unlawful to refuse to hire someone based on their
unemployment status.
SUMMARY OF PROVISIONS:
Section 1 of the Executive Law is amended by
adding a new section 296-c (1) (2) (3) to make it illegal for an
employer or licensing agency, or an employment agency to refuse to
hire or employ or to discriminate against an individual in
compensation or in terms, conditions or privileges of employment
because of the individual's unemployment status.
Section 1 of the Executive Law is amended by adding a new section
Section 296-c (4) of the Executive Law which makes it illegal for any
employer or employment agency to print or circulate any statement,
advertisement or publication, or to use any form of application for
employment or make any inquiry in connection with prospective
employment which discriminates against an individual because of the

individual's unemployment status.
The term "unemployment status" is defined as being unemployed having
actively looked for employment during the most recent four week
period, and currently being available for employment.
JUSTIFICATION:
Current New York law allows employers, employment organizations or
licensing agencies to refuse to hire an individual based on their
unemployment status. In New York State as of March 2011, the U.S.
Labor Department reports that the unemployment rate is 8.5 percent
and the average length of time that an individual has been unemployed
has become longer. According to the US Bureau of Labor Statistics, in
March 2011, the average length of unemployment rose to 39 weeks, the
longest time on record.
Because the unemployment rate and the length of time to find a new job
is at an all time high, the practice of excluding the unemployed has
become a concern for job seekers who were not laid
off due to poor performance and are actively seeking employment. This
trend of excluding the jobless has become so common in New York State
that a recent survey of the advertisements posted on Craigslist by
New York employers reveals that a company looking for a Lead
Cook/Sous Chef in Garrison, New York states that the applicant must
be "currently employed in a similar position." Another advertisement
for a full-time sales position in Plattsburgh, New York says they are
looking for someone currently employed. There are many more examples.
Recently, New Jersey has enacted a law that prohibits prospective
employers from publishing advertisements for employment that exclude
the unemployed.
This legislation will ensure that the growing number of unemployed
workers, who are unemployed for longer durations, will have an equal
opportunity to seek employment by leveling the playing field for all
applicants.
LEGISLATIVE HISTORY:
New Bill- 2011
FISCAL IMPLICATIONS:
No fiscal impact.
EFFECTIVE DATE:
This act shall take effect immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
5316
2011-2012 Regular Sessions
I N S E N A T E
May 5, 2011
___________
Introduced by Sens. STEWART-COUSINS, ADDABBO, AVELLA, BRESLIN, GIANARIS,
HASSELL-THOMPSON, HUNTLEY, KRUEGER, MONTGOMERY, RIVERA, SERRANO,
STAVISKY -- read twice and ordered printed, and when printed to be
committed to the Committee on Investigations and Government Operations
AN ACT to amend the executive law, in relation to unlawful hiring
discrimination by employers, employment agencies and licensing agen-
cies based upon an individual's unemployment status
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 296-c
to read as follows:
S 296-C. UNLAWFUL DISCRIMINATORY PRACTICES IN RELATION TO LICENSING OR
EMPLOYMENT AGENCIES; UNEMPLOYMENT STATUS. 1. FOR THE PURPOSES OF THIS
SECTION, THE TERM "UNEMPLOYMENT STATUS" SHALL MEAN BEING UNEMPLOYED,
HAVING ACTIVELY LOOKED FOR EMPLOYMENT DURING THE THEN MOST RECENT FOUR
WEEK PERIOD, AND CURRENTLY BEING AVAILABLE FOR EMPLOYMENT.
2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
LICENSING AGENCY, BECAUSE OF AN INDIVIDUAL'S UNEMPLOYMENT STATUS, TO
REFUSE TO HIRE OR TO EMPLOY OR TO BAR SUCH INDIVIDUAL OR TO DISCRIMINATE
AGAINST SUCH INDIVIDUAL IN COMPENSATION OR IN TERMS, CONDITIONS OR PRIV-
ILEGES OF EMPLOYMENT.
3. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
AN EMPLOYMENT AGENCY TO DISCRIMINATE AGAINST ANY INDIVIDUAL BECAUSE OF
UNEMPLOYMENT STATUS IN RECEIVING, CLASSIFYING, DISPOSING OR OTHERWISE
ACTING UPON APPLICATIONS FOR ITS SERVICES OR IN REFERRING AN APPLICANT
OR APPLICANTS TO AN EMPLOYER OR EMPLOYERS.
4. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
AN EMPLOYMENT AGENCY TO PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR
CIRCULATED ANY STATEMENT, ADVERTISEMENT OR PUBLICATION, OR TO USE ANY
FORM OF APPLICATION FOR EMPLOYMENT OR TO MAKE ANY INQUIRY IN CONNECTION
WITH PROSPECTIVE EMPLOYMENT, WHICH EXPRESSES DIRECTLY OR INDIRECTLY, ANY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10544-03-1

S. 5316 2
LIMITATION, SPECIFICATION OR DISCRIMINATION AS TO UNEMPLOYMENT STATUS,
OR ANY INTENT TO MAKE ANY SUCH LIMITATION, SPECIFICATION OR DISCRIMI-
NATION, UNLESS BASED UPON A BONA FIDE OCCUPATIONAL QUALIFICATION;
PROVIDED, HOWEVER, THAT NEITHER THIS SECTION NOR ANY PROVISION OF THIS
CHAPTER OR OTHER LAW SHALL BE CONSTRUED TO PROHIBIT THE DEPARTMENT OF
CIVIL SERVICE OR THE DEPARTMENT OF PERSONNEL OF ANY CITY CONTAINING MORE
THAN ONE COUNTY FROM REQUESTING INFORMATION FROM APPLICANTS FOR CIVIL
SERVICE EXAMINATIONS CONCERNING THE AFOREMENTIONED CHARACTERISTIC, OTHER
THAN SEXUAL ORIENTATION, FOR THE PURPOSE OF CONDUCTING STUDIES TO IDEN-
TIFY AND RESOLVE POSSIBLE PROBLEMS IN RECRUITMENT AND TESTING OF MEMBERS
OF MINORITY GROUPS TO ENSURE THE FAIREST POSSIBLE AND EQUAL OPPORTU-
NITIES FOR EMPLOYMENT IN THE CIVIL SERVICE FOR ALL PERSONS.
S 2. This act shall take effect immediately.

S5316A (ACTIVE) - Details

S5316A (ACTIVE) - Summary

Prohibits hiring discrimination by employers, employment agencies and licensing agencies based upon an individual's unemployment status.

S5316A (ACTIVE) - Sponsor Memo

BILL NUMBER:S5316A
TITLE OF BILL:
An act
to amend the executive law, in relation to unlawful hiring discrimination
by employers, employment agencies and licensing agencies based upon an
individual's unemployment status
PURPOSE:
To make it unlawful to refuse to hire someone based on their
unemployment status.
SUMMARY OF PROVISIONS:
Section 1 of the Executive Law is amended by adding a new section
296-c (1)(2)(3) to make it illegal for an employer or licensing
agency, or an employment agency to refuse to hire or employ or to
discriminate against an individual in compensation or in terms,
conditions or privileges of employment because of the individual's
unemployment status.
Section 1 of the Executive Law is amended by adding a new Section
296-c(4) of the Executive Law which makes it illegal for any
employer or employment agency to print or circulate any statement,
advertisement or publication, or to use any form of application for
employment or make any inquiry in connection with prospective
employment which discriminates against an individual because of the

individual's unemployment status.
The term "unemployment status" is defined as being unemployed having
actively looked for employment during the most recent four week
period, and currently being available for employment.
JUSTIFICATION:
Current New York law allows employers, employment organizations or
licensing agencies to refuse to hire an individual based on their
unemployment status. In New York State as of March 2011, the U.S.
Labor Department reports that the unemployment rate is 8.5 percent
and the average length of time that an individual has been unemployed
has become longer. According to the U.S. Bureau of Labor Statistics, in
March 2011, the average length of unemployment rose to 39 weeks, the
longest time on record.
Because the unemployment rate and the length of time to find a new job
is at an all time high, the practice of excluding the unemployed has
become a concern for job seekers who were not laid off due to poor
performance and are actively seeking employment. This trend of
excluding the jobless has become so common in New York State that a
recent survey of the advertisements posted on Craigslist by New York
employers reveals that a company looking for a Lead Cook/Sous Chef in
Garrison, New York states that the applicant must be "currently
employed in a similar position." Another advertisement for a
full-time sales position in Plattsburgh, New York says they
are looking for someone currently employed. There are many
more examples. Recently, New Jersey has enacted a law that
prohibits prospective employers from publishing advertisements
for employment that exclude the unemployed.
This legislation will ensure that the growing number of unemployed
workers, who are unemployed for longer durations, will have an equal
opportunity to seek employment by leveling the playing field for all
applicants.
LEGISLATIVE HISTORY:
New Bill- 2011
FISCAL IMPLICATIONS:
No fiscal impact.
EFFECTIVE DATE:
This act shall take effect immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
5316--A
2011-2012 Regular Sessions
I N S E N A T E
May 5, 2011
___________
Introduced by Sens. STEWART-COUSINS, ADDABBO, AVELLA, BRESLIN, DUANE,
ESPAILLAT, GIANARIS, HASSELL-THOMPSON, HUNTLEY, KRUEGER, KRUGER, MONT-
GOMERY, PARKER, RIVERA, SERRANO, SQUADRON, STAVISKY -- read twice and
ordered printed, and when printed to be committed to the Committee on
Investigations and Government Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the executive law, in relation to unlawful hiring
discrimination by employers, employment agencies and licensing agen-
cies based upon an individual's unemployment status
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 296-c
to read as follows:
S 296-C. UNLAWFUL DISCRIMINATORY PRACTICES IN RELATION TO LICENSING OR
EMPLOYMENT AGENCIES; UNEMPLOYMENT STATUS. 1. FOR THE PURPOSES OF THIS
SECTION, THE TERM "UNEMPLOYMENT STATUS" SHALL MEAN BEING UNEMPLOYED,
HAVING ACTIVELY LOOKED FOR EMPLOYMENT DURING THE THEN MOST RECENT FOUR
WEEK PERIOD, AND CURRENTLY BEING AVAILABLE FOR EMPLOYMENT.
2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
LICENSING AGENCY, BECAUSE OF AN INDIVIDUAL'S UNEMPLOYMENT STATUS, TO
REFUSE TO HIRE OR TO EMPLOY OR TO BAR SUCH INDIVIDUAL OR TO DISCRIMINATE
AGAINST SUCH INDIVIDUAL IN COMPENSATION OR IN TERMS, CONDITIONS OR PRIV-
ILEGES OF EMPLOYMENT.
3. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
AN EMPLOYMENT AGENCY TO DISCRIMINATE AGAINST ANY INDIVIDUAL BECAUSE OF
UNEMPLOYMENT STATUS IN RECEIVING, CLASSIFYING, DISPOSING OR OTHERWISE
ACTING UPON APPLICATIONS FOR ITS SERVICES OR IN REFERRING AN APPLICANT
OR APPLICANTS TO AN EMPLOYER OR EMPLOYERS.
4. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER OR
AN EMPLOYMENT AGENCY TO PRINT OR CIRCULATE OR CAUSE TO BE PRINTED OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10544-04-1

S. 5316--A 2
CIRCULATED ANY STATEMENT, ADVERTISEMENT OR PUBLICATION, OR TO USE ANY
FORM OF APPLICATION FOR EMPLOYMENT OR TO MAKE ANY INQUIRY IN CONNECTION
WITH PROSPECTIVE EMPLOYMENT, WHICH EXPRESSES DIRECTLY OR INDIRECTLY, ANY
LIMITATION, SPECIFICATION OR DISCRIMINATION AS TO UNEMPLOYMENT STATUS,
OR ANY INTENT TO MAKE ANY SUCH LIMITATION, SPECIFICATION OR DISCRIMI-
NATION, UNLESS BASED UPON A BONA FIDE OCCUPATIONAL QUALIFICATION;
PROVIDED, HOWEVER, THAT NEITHER THIS SECTION NOR ANY PROVISION OF THIS
CHAPTER OR OTHER LAW SHALL BE CONSTRUED TO PROHIBIT THE DEPARTMENT OF
CIVIL SERVICE OR THE DEPARTMENT OF PERSONNEL OF ANY CITY CONTAINING MORE
THAN ONE COUNTY FROM REQUESTING INFORMATION FROM APPLICANTS FOR CIVIL
SERVICE EXAMINATIONS CONCERNING THE AFOREMENTIONED CHARACTERISTIC, OTHER
THAN SEXUAL ORIENTATION, FOR THE PURPOSE OF CONDUCTING STUDIES TO IDEN-
TIFY AND RESOLVE POSSIBLE PROBLEMS IN RECRUITMENT AND TESTING OF MEMBERS
OF MINORITY GROUPS TO ENSURE THE FAIREST POSSIBLE AND EQUAL OPPORTU-
NITIES FOR EMPLOYMENT IN THE CIVIL SERVICE FOR ALL PERSONS.
5. ANY EMPLOYER, EMPLOYMENT AGENCY, OR LICENSING AGENCY WHO VIOLATES
THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT TO
EXCEED FIVE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND TEN THOUSAND
DOLLARS FOR EACH SUBSEQUENT VIOLATION.
S 2. This act shall take effect immediately.

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